On January 17, 2025, Texas lawmakers introduced House Bill 1938, a significant legislative proposal aimed at reforming mental health protective custody procedures and court-ordered mental health services. The bill, sponsored by Representative Campos, seeks to address critical issues surrounding the treatment and detention of individuals experiencing mental health crises.

One of the bill's primary provisions is the extension of the preliminary examination period for individuals in protective custody from 48 hours to 72 hours. This change allows for a more thorough assessment of a person's mental health condition before any further legal action is taken. The bill also stipulates that if the 72-hour period concludes on a weekend or holiday, individuals may be held until 4 p.m. on the next business day. Additionally, in cases of extreme weather or disasters, judges can extend the detention period by an additional 24 hours, ensuring that safety and care are prioritized during emergencies.

The bill outlines stringent criteria for court-ordered temporary inpatient mental health services. It requires clear and convincing evidence that a proposed patient poses a substantial risk of harm to themselves or others due to their mental illness. This includes evidence of severe distress, inability to function independently, or a recent overt act indicating a risk of harm. The inclusion of expert testimony is mandated to support these findings, ensuring that decisions are based on professional evaluations.

The introduction of HB1938 has sparked discussions among mental health advocates, legal experts, and lawmakers. Proponents argue that the bill enhances the rights of individuals in crisis by ensuring they receive adequate time for evaluation and appropriate care. Critics, however, express concerns that extending detention periods could lead to potential abuses or unnecessary confinement of individuals who may not pose a significant risk.

The implications of this bill are far-reaching. By reforming the mental health protective custody process, Texas aims to improve the treatment of individuals in crisis, potentially reducing the stigma associated with mental health issues. Economically, the bill could lead to increased costs for mental health facilities due to longer detention periods, but it may also result in long-term savings by preventing more severe mental health crises that require extensive intervention.

As the legislative session progresses, stakeholders will closely monitor the bill's developments, including any amendments or debates that may arise. The outcome of HB1938 could set a precedent for how mental health crises are managed in Texas, influencing future policies and practices in the state's mental health system.